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(영문) 수원지방법원여주지원양평군법원 2015.04.30 2015가단23
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant filed an application with the Plaintiff for a payment order claiming the amount of the non-public goods (hereinafter “the instant goods price”) under this Court No. 2014 tea627.

Accordingly, on December 30, 2014, the above court issued an order to pay 3,00,000 won to the defendant and 20% interest per annum from the day after the delivery of the payment order to the day of full payment. The above payment order was finalized around that time.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. As alleged and determined, the Plaintiff asserted that compulsory execution based on the above payment order should be denied, since the Defendant’s claim for the price for goods in question was set off against the Defendant’s claim for the price for goods in question with the amount equivalent to KRW 3,000,000 against the Defendant.

However, there is not sufficient evidence to acknowledge the existence of the Plaintiff’s claim against the Defendant for the payment of non-public goods solely with the statement of Gap evidence No. 2. The Plaintiff’s above assertion is without merit.

3. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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